These Terms & Conditions are issued by Pinnacle Renovation Projects Ltd. for use on contracts direct with Clients involving the supply and installation of building services systems and equipment.
In the Installation Agreement the undermentioned expressions or words shall have the following meanings:-
(a) ‘Contractor’ – Pinnacle Renovation Projects Ltd., its directors, employees, servants, agents or sub-contractors. Registered company number: 931 9726
(b) ‘Client’ – as stated in the Installation Agreement, and its directors, employees, servants, agents, tenants, lessees or sub-lessees.
(c) ‘Premises’ – the address of the property at which the Client has given instructions for installation work to be undertaken as stated in the Installation Agreement.
(d) ‘Installation Cost’ – sum(s) / tender price(s) stated in the Installation Agreement or covering letter.
(e) ‘VAT’ – Value Added Tax. Prices are subject to VAT at the prevailing rate (Registered number: 201 5003 86)
(f) ‘Services’ – Installation Contracting
(g) ‘Agreement’ – Installation Agreement.
2. PERIOD OF TENDER
Unless previously withdrawn, this tender is open for acceptance in writing within thirty days of the date hereof or within such other period as may be agreed in writing.
The quotation is based on the drawings and detail therein, as provided by the Client.
3. BASIS OF TENDER
(1) All the Contractor’s designs and drawings are and remain the copyright of the Contractor. If the client delays the agreed start date or works once in progress for any reason, a suspended works charge is payable, pro-rata for the man days delayed, as well as any associated material costs.
(2) In the event of the Client supplying inadequate or inaccurate drawings, information or details, the tender price shall be adjusted accordingly.
(3)(a) This tender covers the items in the specification and/or drawings only and, unless otherwise expressly stated, does not include the following items:
(i) Building work or the associated work of other trades;
(ii) The supply and erection of scaffolding, ladders, moveable platforms, hoisting and/or lowering gear necessary for the execution of the installation;
(iii) The cost of operating any part of the installation;
(iv) The cost of any fuel, water or electricity used on site.
(3)(b) Unless otherwise expressly stated, any costs incurred by the Contractor in providing any of the items referred to in paragraph 3. (3)(a) shall be reimbursed by the Client to the Contractor.
(4) The Client is not permitted to commission the works referred to in this estimate or any other works directly with any servant, agent or sub-contractor of the Contractor. The Contractor is entitled to be paid 120% of the full contract sum of any such works commissioned, irrespective of whether the employee, servant, agent or sub-contractor of the Contractor has been paid or whether the works actually commenced.
(5) The Client is not permitted to discuss pricing issues with the team on site, unless prior written authorisation has been given by the Contractor. The price is based on all client supplied items being designed for standard UK plumbing and electrical fitting, sizes and ratings.
(6) Additions and Alterations – these must be agreed before any work is undertaken either by way of a signature on a hard copy or by response to an email. The consent must include the client’s agreement to pay the stipulated extra cost or the contractor’s agreement to reduce the contract cost.
4. MATERIALS AND GOODS
(1) All furniture, pictures and delicate items are to be removed from the works area, including access areas, during the works, and those remaining at the client’s risk.
(2) All valuables are to be removed from the site and those remaining are at the client’s risk. Accidental damage while carrying out building works is not the responsibility of the Contractor.
(3) Materials, suites and appliances selected by the Client cannot be changed after being purchased. If requested by the Client the Contractor can purchase specific materials selected by the Client; there is a 15% administration and handling fee for items purchased in this way.
(4) Unfixed (or removable) materials and goods properly on site for incorporation into the installation shall remain the property of the Contractor until he has received payment in full.
(5) Until such payment has been received the Contractor may remove any unfixed (or removable) materials and goods from the site and the Client shall allow such access to the site as is reasonably necessary for such removal.
(6) Unless otherwise stated all tiling is assumed to be ceramic, non-mosaic and smaller than 20cm square, and of a uniform width and thickness. Spot lights supplied are standard 50w with white surround, unless otherwise specified.
(7) All materials and goods properly on site whether unfixed or incorporated into the installation shall be at the sole risk of the Client. If any part of the installation or any materials and goods are destroyed, damaged or lost through any cause then the Contractor shall be entitled to charge as a variation to the contract for the restoration of any work or the replacement of any materials or goods so destroyed, damaged or lost.
PROVIDED that the Client shall not be liable for any such destruction, damage or loss to the extent that the same is caused or contributed to by the negligence of the Contractor or those for whose actions he is responsible.
(8) All materials and goods should be checked thoroughly by the client prior to any installation. We will assume that this has been done, unless we hear otherwise, and that the client is happy for us to install them.
(9) The Contractor can in no way be held responsible for any materials and goods (eg bathroom / kitchen gear) selected and bought by the client directly with another separate supplier or shop.
(10) A call out charge of £90 + VAT will be incurred (plus the cost of any materials) if the contractor is called out for any unrelated reason. For example, a client might call us to tell us that there is a leak in the shower we fitted. If we discover that the leak is actually due to the basin or loo (that we did not fit) then we will charge a call-out fee. If the leak is down to us then, of course, we will fix it for no charge (provided it is under 12 months since the work was completed).
5. TERMS OF PAYMENT
All payments should be made by electronic CHAPS or BACS transfer to the Contractor to their business account at National Westminster Bank Plc. Alternatively, the Contractor accepts cheques (payable to ‘Pinnacle Renovation Projects Ltd’). All payments need to be given adequate time to clear before work can commence. All prices are subject to these terms and conditions and to VAT at the prevailing rate.
A 40% non-returnable deposit (plus VAT) is to be paid before the works commence, with two equally spaced instalments of 20% (plus VAT). The final payment of 15% (plus VAT) will be due on completion of the project and the remaining 5% (plus VAT) will be due once any snagging has been completed. These percentages and intervals of the stage payments may vary depending on the size of the project. If the customer delays (either before or during commenced works) or cancels all or part of the works, the Contractor has the right to the full contract sum, including the non-returnable deposit. Any payment that is cancelled or fails to clear will be subject to an administrative charge of 10% of the total price or £250 whichever is the greater. Payments subsequent to a dishonoured cheque must be made by cash or bankers draft. Works will be suspended until overdue payments are received and cleared. Late payments will be subject to an interest charge of 5% above the NatWest base rate. Payment of the deposit enters The Client and The Contractor into a basic contract. It also signifies The Client’s agreement to these Terms and Conditions without addition or amendment.
6. CALCULATIONS AND OTHER ASSESSMENTS
The client has confirmed and taken responsibility that all walls to be moved or new doorways made through walls, are non-load bearing, and has gained the relevant planning permission, building control and party wall approvals. All new fixtures and fittings, unless otherwise stated, to be provided by the client.
The quotation is subject to a site visit and structural engineer’s assessment and calculations where necessary in the Contractor’s option.
Time frames given in days are working, rather than calendar days, and assume un-impeded access and scheduling of works. Timescales are estimated and dependent on material and labour availability. Please be aware that for exterior works, particularly painting and decorating, wet and extreme weather conditions will cause delay.
During each project, Pinnacle Renovation Projects Ltd. sometimes take photographs during the various stages of the job. These are often posted onto their website for marketing purposes.
The Client will be expected to cover all parking costs during the course of the project. The congestion charge will also apply if the site is situated within the Congestion Zone; the Client will also need to cover these costs.
For pricing purposes it is assumed that from the works and estimate pricing, materials, suites and appliances selected by the Client cannot be changed after being purchased. Any work undertaken by the Contractor is guaranteed for twelve months from the date of practical completion of the works. Any defects in materials bought by the Client are not covered by the Contractors guarantee. Neither is any old existing pipework covered by the Contractors guarantee. The guarantee becomes void if other people or building teams have worked on the site since completion – for the sole reason that damage could be caused by them. In some cases, old properties are unable to cope with modern more powerful units such as boilers unless updates are made to existing pipework. Please note, that this can, in some cases, be unforeseen and hidden behind covings or covers.